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August 6, 2026

The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 have been laid before Parliament and will come into force on 6 August 2026. The changes introduce a number of amendments to the Biodiversity Net Gain (BNG) regime for development under the Town and Country Planning Act (TCPA), including new exemptions, removing the self-build and custom build exemption, and revisions to the biodiversity hierarchy.

New Exemptions Introduced

For planning applications submitted from 6 August 2026, two new exemptions will apply where there is no priority habitat within the site's red line boundary:

  • Developments where the site area within the red line boundary is 0.2 hectares or below.
  • Developments consisting wholly of temporary permissions requiring reinstatement, where the permission lasts five years or less.

These changes are intended to reduce the BNG requirements for smaller-scale and temporary developments that do not affect priority habitats.

Exemption Removed for Self-Build and Custom Build Development

From 6 August 2026, the current exemption for self-build and custom build applications will be removed. As a result, applications for nine dwellings or fewer that previously benefited from this exemption will now be subject to BNG requirements where applicable.

Changes to the Biodiversity Hierarchy

The regulations also amend the biodiversity hierarchy. For developments that are not classified as "major development", compensation can be provided through onsite habitat enhancement or creation, or through registered offsite biodiversity gain, before statutory biodiversity credits are considered.

For the purposes of BNG, major development includes:

  • Minerals or waste development.
  • Residential development of 10 or more dwellings, or residential development on a site of at least 0.5 hectares where the number of dwellings is not known.
  • Buildings with a floorspace of at least 1,000 square metres.
  • Any other development on a site exceeding 1 hectare.

Updated Planning Practice Guidance

Updated Planning Practice Guidance (PPG) has been published to reflect these regulatory changes.

The updated guidance also emphasises the importance of evidencing claims for the de minimis exemption. This exemption applies where no onsite priority habitat is impacted and where less than 25 square metres of area habitat or 5 metres of linear habitat are affected. The guidance states that:

"an applicant should provide sufficient evidence to support their justification"

Applicants seeking to rely on this exemption should therefore ensure that adequate supporting information is submitted alongside their planning application.

Further Information

The full updated guidance can be viewed on GOV.UK: Biodiversity net gain - GOV.UK